3.—(1) In Article 43B (protection of widows' pensions), in paragraph (1A) (which defines “the relevant aggregate”), after sub-paragraph (c) add
“and
(d)in a case where the earner’s later earnings level was higher than his termination earnings level, the later earnings addition.”
(2) After paragraph (3) insert the following paragraphs—
“(3A) In this Article “the later earnings addition” means an amount equal to the difference between the relevant sum and what that sum would have been had the pension in question been calculated by reference to the earner’s later earnings level.
(3B) In this Article—
“later earnings level” means the level of earnings by reference to which the pension which constitutes the relevant sum would have been calculated had the termination of employment date fallen on the cessation date;
“termination earnings level” means the level of earnings by reference to which that pension would have been calculated had the cessation date fallen on the termination of employment date; and
“the cessation date” means the earlier of—
the date on which the earner ceased to be employed in relevant employment; and
the date which, in relation to the earner, was the relevant date within the meaning of Article 43A(1).”.
(3) After paragraph (5) add the following paragraph—
“(6) In this Article “relevant employment” shall be construed in accordance with Schedule 3.”.